Section 2520

Citation: Section 2520
Parent Document: Bartis v. Harbor Tech, LLC, 2016 NY Slip Op 8831 (2016)
Jurisdiction: New York (state)
Effective Date: 2016-12-28
Original Source: https://www.courtlistener.com/opinion/4334594/bartis-v-harbor-tech-llc/ ↗

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systems” be “replaced” (9 NYCRR 2520.11 [e] [1] [emphasis added]) makes little sense where the existing building is a purely commercial building that has no existing “individual housing systems.” Where a commercial building is converted to residential use, the “individual housing accommodation systems,” as well as many residential-specific building-wide systems, would generally be created, not “replaced.” The apparent purpose of the 75% requirement is to ensure that existing residential tenants of an apartment building not lose the benefit of rent stabilization unless the owner of the building truly makes a substantial rehabilitation. This concern is not present where residential units are created where none had existed before. As noted above, one of the purposes of the rent *61

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